Real Estate & Family
Haus überschreiben (transferring a home) — guide, cost, Pflichtteil, care
Lifetime transfer of a home is regularly the largest single Schenkung families undertake — with consequences for Schenkungsteuer, Pflichtteil and social-welfare law. Main guide on the entire process plus five detail answers on cost, sibling buy-out, right of residence, Pflichtteil and social-welfare recourse.
The main guide
Transferring a House in 2026: Instructions, Costs, Pflichtteil, Care
Transferring a house in Germany in 2026 — instructions in 7 steps, Schenkungsteuer, Pflichtteil, Sozialhilferegress within 10 years, lifelong Wohnrecht. Main guide with worked examples and authority links.
Read the full guideDetail answers
Concrete case constellations and detail questions around Haus überschreiben — building on the main guide.
Transferring a House and Paying Off Siblings 2026: Calculator and Strategies
If the parents transfer the house to one child, the other siblings usually have to be paid off. Here are the formulas, the tax traps and the practical strategies for fair distribution.
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Transferring a house with a lifelong right of residence in 2026: costs, taxes, risks
Transferring a house to the children and continuing to live there yourself — how the lifelong right of residence works for tax, what it costs, and when Niessbrauch is the better choice.
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Cost of an Ueberschreibung in 2026: Notary, Land Registry, Tax
What does it cost to transfer a house? Notary fees under GNotKG, Grundbuch fees, Schenkungsteuer in an overview with worked examples for 200k, 500k and 1 million fair market value.
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Transferring a House, the 10-Year Period and Care 2026: Avoiding the Sozialhilferegress
Anyone who transfers the house and becomes a care case within 10 years risks a clawback by the social welfare authority. How § 528 BGB / § 93 SGB XII works and how to reduce the risk.
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Transferring the House to One Child and the Pflichtteil 2026
Parents want to transfer the house to only one child — what happens to the Pflichtteil claims of the other children? Here are the practical strategies and the tax consequences.
Read moreFrequently asked questions
The questions clients ask most frequently in advisory work around Haus überschreiben.
What does it cost to transfer a home during lifetime?
Notary plus land-register entry: roughly 1.5 to 2 percent of the property value. With a 600,000 EUR property that is 9,000 to 12,000 EUR. Plus Schenkungsteuer if Freibetrag is exceeded. Tax-wise, structuring with Nießbrauchsvorbehalt is regularly the cheapest path.
How is the Pflichtteil affected by the transfer?
Schenkungen of the last 10 years before death are counted towards the Pflichtteil (§ 2325 BGB), declining by 10 percent per year. Important: with retained Nießbrauch, the 10-year deadline regularly does not start running — the BGH has confirmed this.
What is social-welfare recourse (Sozialhilferegress)?
If the Schenker becomes dependent on care (Pflegefall) within 10 years of the Schenkung, the social-welfare office can claim back the Schenkung under § 528 BGB. The claim runs declining (10 percent per year). After 10 years the Schenkung is socially-welfare-safe.
Can I keep a lifelong right of residence?
Yes — Wohnungsrecht (§ 1093 BGB) or Nießbrauch (§ 1030 BGB) are the standard tools. Wohnungsrecht only allows residence; Nießbrauch also covers letting and income. Both are entered in the land register and bind every later owner.
How do I treat siblings without giving up the home?
Two viable routes: (1) compensation payment to siblings (sibling buy-out), or (2) anchoring of compensation in the Schenkungsvertrag (deferred or against later inheritance share). Without compensation regulation, Pflichtteilsansprüche under § 2325 BGB are pre-programmed.
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In the initial consultation we clarify your wealth and family situation, examine the suitable strategy and develop a concrete roadmap — without legal idling.
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